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Encuesta de Necesidades Legales Civiles de Arizona
Las organizaciones legales civiles en Arizona buscan su opinión para aumentar su capacidad de satisfacer las necesidades legales civiles de los residentes de bajos ingresos de Arizona. Por favor complete esta encuesta para ayudar a mejorar los servicios legales civiles en Arizona.
Experiencing domestic violence or other crimes may make someone feel unsafe, even in their own home. A Military Protective Order (MPO) and an Order of Protection are documents that prohibit one person from coming into contact with another.
Where should I go for an Order of Protection?
When abuse takes place and there is a service member involved, where to go for an Order of Protection depends on where the abuse occurred and the military status of the victim/offender:
If BOTH individuals are members of the military, a Military Protective Order (MOP) should be requested,
If the VICTIM has a child with the OFFENDER, and either parent is in the military, the victim may decide if an Order of Protection with the military or the state would be the more effective option.
If the OFFENDER is a service member and the victim is a civilian, who does not live on base, an Order of Protection should be requested through a state court.
If the VICTIM is a service member and the OFFENDER is a civilian, an Order of Protection should be requested through a state court.
If the abuse took place outside of the United States, and EITHER parent is in the military, a MOP should be requested.
What is a Military Protective Order?
A Military Protective Order (MPO) is a tool used by military command to keep victims of domestic abuse and their children safe. A person does not have to be in the military to request an MPO.
MPOs are only enforceable at the military base where the request for an MPO was made. If the offender is transferred to a different command, meaning they are placed to serve somewhere else, the approved MPO is no longer valid and an approval by the new commander will be needed for another MPO.
When there is a change of command, the old commander may request a new MPO to be issued.
Who can get a Military Protective Order (MPO)?
To request an MPO, the offender needs be an active-duty member who is:
A spouse or ex-spouse,
A current or past intimate partner if you lived together, and/or
Someone with whom you share a child with.
What protections do I get with an MPO?
Depending on how the commander organizes the MPO, the order may give specific orders to the offender on how their interaction with the victim(s) is, limited. . For example:
Have no contact with the victim or their children including:
Face-to-face;
By cellphone;
Writing/email;
Social media; or
Through another person;
Staying away from the family home, no matter if it is on or off base;
Staying away from a child’s school, day-care, or youth program;
Staying away from the victim’s place of employment; and/or
Attending counseling.
While civilian offenders cannot be held accountable by issuing an MPO, the commanding officer may ban the offender from entering the military installation.
When an MPO is issued, the victim should request a copy of the document for their records. It is important for the victim to have this document with them at all times in case they are in danger and need to call the military law enforcement to enforce the order.
How can I get an MPO?
Since getting an MPO does not require a state court, there is no need to hold a trial or hearing for the MPO. Meaning, a victim does not have to see a judge, testify, or be in the same room as the offender.
Ultimately, a commander decides if issuing an MPO for a victim’s safety is reasonable. While a victim may approach the commander directly to request an MPO, the following people may also request an MPO from the commander:
A victim advocate,
Installation (military) law enforcement, or
A Family Advocacy Program (FAP) clinician.
Issuing an MPO is not a time-consuming process; not needing to serve a notice to the offender, hold a hearing, or listen to testimony makes requesting and issuing an MPO fast.
MPOs tend to be short-term. While they can be issued to be as little as 10 days long, they can always be updated by commander for an extended period.
The commander’s decision on how long to make the MPO depends on how long the Family Advocacy Program (FAP) takes to gather information for the commander about the incident and past abuse. Typically, an estimated expiration date is set for the MPO that should allow for enough time for FAP to review the case and for the situation to improve. An MPO may be shortened if all documentation was gathered and there is no longer a need for an MPO
NOTE: MPOs become invalid if the offender is moved to a different base and changes command. A second MPO would need to be approved by the new commander.
Can pets be included in an MPO?
Yes, they can be. Under Section 7(m) of an MPO (DD FORM 2873) a request may be made to include pets. Under Section 5, the victim may include details about the harm or threats that the offender made to the pets.
What happens if the offender does not follow the MPO?
If the offender violates a MPO or a civilian Order of Protection in a military installation, the military law enforcement should be called. The victim should notify the military law enforcement that they have an MPO or civilian Order of Protection in place. Military law enforcement are instructed to notify the commander if they are called about a service member violating an MPO or an Order of Protection. Victims may also reach out to the victim advocate to report the violation, since this incident suggests an increase of risk.
If the offender does not follow the orders of the MPO, this is considered as disobeying direct orders. They may be persecuted through the Uniform Code of Military Justice (UCMJ), under Article 92, Failure to Obey Order or Regulation. Violation of an MPO may have several different consequences including:
Non-judicial punishment,
Court-martial proceedings, and
Other disciplinary measures.
What if the offender did not follow the MPO outside of the military installation?
Since an MPO is only enforceable at a military installation, civilian police are not required to enforce an MPO. However, it is still recommended to call local authorities if you feel at risk of being harmed.
While civil police cannot enforce an MPO, they may still report the MPO violation to the military law enforcement who are instructed to inform the commander of any MPO violations.
Once the commander is informed, they may revisit the consequences set for the offender since violating the MPO may be seen as violating an order.
What are the major differences between an MPO and a civilian Order of Protection?
Both an MPO and a civilian Order of Protection are intended to stop the offender from committing domestic violence and from contacting people listed in the order.
Military Protective Order (MPO)
Civilian Order of Protection
Pros:
Faster to obtain.
No cost to the victim.
Restricted or Unrestricted reporting options available.
No need for a hearing, meaning not having to be in the same room as the offender.
Resources and support available through the Family Advocacy Program (FAP).
Pros:
May be enforced on and off a military installation.
No cost to the victim.
Orders may last longer than an MPO
Distinct types of Order of Protections are available.
Resources and support available through Arizona Protective Order Initiation and Notification Tool (AZPOINT).
Cons:
May be only enforced in a military installation.
If offender moves to a different installation, a new MPO is needed.
MPOs are typically short-term
Cons:
Slower to obtain.
A hearing needs to be held, which may require the victim to be in the same room as the offender.
Service members who do not follow a civilian Order of Protection may be subject to administrative and/or disciplinary action under the Uniform Code of Military Justice (UCMJ). Additionally, the civil court judge who issued the civilian Order of Protection may also punish the offender for violating the order even though it took place on a military installation.
A MPO may be submitted and approved a lot faster since there is no due process required. For a civilian Order of Protection, due process is required which may mean both the victim and the offender going to court and testifying, which may take longer to do.
How can I get a civilian Order of Protection in Arizona?
Filing for an Order of Protection may either be done using the online Arizona Protective Order Initiation and Notification Tool (AZPOINT) system or using a paper application. Find forms at AzCourtHelp.org. This portal will help victims determine if they have a qualifying relationship for an Order of Protection. AZPOINT may also connect applicants to a victim advocate, to assist with making a safety plan, and providing support at the court hearing.
Once the victim completes their online or paper application, the petition may be filed with any courthouse in Arizona.
If the judge issues the Order of Protection, the court will send a copy to law enforcement (local police, county sheriff, or constable) to serve notice to the offender. When the order is filed there will be an opportunity for a hearing if the offender disagrees with the protective order. At the hearing, both sides will be allowed to speak in front of a judge and explain why the order should or should not be granted.
What is a qualifying relationship for an Order of Protection?
The plaintiff and the defendant must have one of the following relationships: • Married now or in the past, • Live in the same household now or lived in the same household in the past, • Parents of a child in common, • One person is pregnant by the other, • The individuals are related by blood or marriage (such as parent, parents of a spouse, brother, sister, grandparent, non-biological sibling), or • The individuals have a current or previous romantic or sexual relationship.
For frequently asked questions about AZPoint, click here
Are there other types of Order of Protection in Arizona?
There are 4 other types of Orders of Protection, or injunctions, that are available to residents of Arizona:
Emergency Order of Protection
Release Order (issued in rural counties when a judicial official is not available)
Injunction Against Harassment
Injunction Against Workplace Harassment
Each of these types of specific uses but all are meant to distance an offender or problematic people.
An Emergency Order of Protection is only given when the courts are closed. The process is handled by local law enforcement. This order is valid for 72 hours (about 3 days).
A Release Orderis issued by the sheriff’s office to individuals who are arrested for an act of domestic violence and are released from custody. Release orders are given in rural counties that may not have an emergency judge when the courts are closed.
An Injunction Against Harassment is a legal document that orders someone from harassing, annoying, or alarming another person. There is a fee to process and deliver this injunction unless the injunction is regarding sexual harassment.
An Injunction Against Workplace Harassment allows an employer to file on behalf of all their employees to keep away someone who threatens or annoys employees.
Visit azcrimevictimhelp.org for more information on orders of protections and injunctions and how to apply.
What is the cost to get an Order of Protection?
By law there is no cost for requesting an Order of Protection, Injunction Against Harassment, Emergency Order of Protection, or Release Order.
Fees may be charged to an employer to file an Injunction Against Workplace Harassment (IAWH) or to have the IAWH be served. The fees depend on the type of courthouse where the IAWH was filed at. An employer may ask for the court where they are filing to waive or defer fees.
If you are in immediate danger, call 9-1-1. If you are not in immediate danger, you may file for an Order of Protection. Find more information about requesting an Order of Protection.
When abuse takes place and there is a service member involved, who has jurisdiction over the matter depends on where the abuse occurred and the status of the victim/offender,
If BOTH individuals are members of the military, a Military Order of Protection (MOP) should be requested,
If the VICTIM has a child with the OFFENDER, and either parent is in the military, the victim may decide if an Order of Protection with the military or the state would be the more effective option.
If the OFFENDER is a service member and the victim is a civilian, who does not live on base, an Order of Protection should be requested through a state court.
If the VICTIM is a service member and the OFFENDER is a civilian, an Order of Protection should be requested through a state court.
If the abuse took place outside of the United States, and EITHER person is in the military, a MOP should be requested.
What is considered domestic violence in Arizona?
Domestic violence is more than just physical abuse. In Arizona, a person may also be found guilty of domestic violence by threatening violence or emotionally abusing another person.
To have an act categorized as domestic violence, there must be a relationship between the offender and the victim, such as marriage or former marriage; current or previous sexual relationship; a child; family member; roommate; or court order.
Some of the crimes that may fall under domestic violence in Arizona law include:
Any act against a child that is dangerous,
Physical assault,
Endangerment,
Kidnapping,
Sexual assault,
Criminal damage,
Disorderly conduct, and
Cruelty to animals.
For a complete list of all state laws that include a definition of a crime which may be considered domestic violence, see section A.
What happens when the police are called for domestic violence?
If police become involved in a domestic violence situation, they have many things to consider that may allow them to make an arrest with or without a warrant. For example:
Whether there is a reason to believe that domestic violence has been committed,
Whether there is reason to believe the person(s) being arrested committed the offense,
Whether the offense is considered a felony or misdemeanor, and
Whether the offense was committed in the presence of the police officer or not.
What if a weapon such as a gun is in the scene?
If an officer sees a physical assault or when a weapon is involved, the officer has enough legal reason to make an arrest without a warrant. (A.R.S. § 13-3601(B))
Officers may also arrest both or multiple people if there is a belief that each person committed an act of domestic violence.
If a weapon is in plain view or was found after the officer asked for consent to search, and if the officer believes the weapon exposes the victim or other people to danger, they may temporarily take the weapon. (A.R.S. § 13-3601(C))
Acts of self-defense may not be considered domestic violence. However, Arizona has rules as to what may be considered self-defense.
What are the consequences for committing an act of domestic violence in Arizona?
Those that are convicted of domestic violence, depending on the incident and sentencing, may have to serve jail time and complete a domestic violence offender treatment program.
Domestic violence offender treatment programs are developed and offered by the Supreme Court of Arizona, the Arizona Department of Health, or the U.S. Department of Veterans Affairs. The program is not free and will require the offender to pay a fee to attend. (A.R.S 13-3601.01)
If an individual has been found guilty of more than one domestic violence offense in a 5-year period, a judge may order them to be placed on supervised probation and they may also be incarcerated as part of probation. Those who are incarcerated for domestic violence, but are currently employed or in school, may be given permission to exit during employment or school hours (12 hrs. daily maximum) and then must return to jail to complete their sentences.
Intentional offenses committed against pregnant women may result in a two-year increase of the maximum sentence authorized for that violation. (A.R.S. 13-3601(M))
If a person is convicted of domestic violence by a federal court, they may not be allowed to possess a firearm. 18 U.S.C. § 922(g)(9)
Military Support for Victims
The military may seek justice against an offender through its administrative actions or through military courts. However, it is up to the victim to decide which type of report they would like to submit. Nonetheless, the Family Advocacy Program helps victims of domestic abuse no matter the selected report type.
On a military base, where should I report the abuse?
If you are in immediate danger, contact the military police. For non-emergency situations, contact the Family Advocacy Programon base. The Family Advocacy Program (FAP) offers services for military members and their families to address domestic violence, child abuse, neglect, and problematic sexual behaviors in youth. Through FAP a victim advocate may be assigned to:
Help a victim find shelter,
Assist the victim prepare a safety plan,
Connect the victim with counseling services and other resources.
What is the difference between unrestricted and restricted reporting?
There are options for how and when to report domestic violence if the offender is in the military. Understanding the difference may help you decide how to proceed.
Restricted (Confidential) Reporting
Through a restricted report, military law enforcement and command are not informed or involved.
In a restricted report, 3 groups of professionals keep domestic violence confidential:
The victim will have access to all support and assistance offered by FAP services such as counseling and help from a domestic abuse advocate. They will assist with making a safety plan and aiding with taking actions within or outside of the military.
Unrestricted (Non-Confidential) Reporting
Unrestricted reporting allows FAP to inform law enforcement and the member’s military command of the offender’s actions.
Moving forward with an unrestricted report means:
Law enforcement begins an investigation (this includes questioning the offender),
Command is notified,
Victims may begin to get a Military or Civilian Protective Order,
Victims may have access to legal services on military installations, and
Victims may receive financial assistance for moving purposes.
Are there instances when a person is not allowed to get a restricted report?
While a victim may want to only get a restricted report, there are situations where they are only able to file an unrestricted report. These are cases where:
The victim is still at immediate risk of serious harm,
Cases where child abuse happened, and/or
It is required by law to report the incident to law enforcement and child protective services.
What is the risk/benefit of filing a restricted report over an unrestricted report?
Since the main difference between the two reports is who is made aware of the abuse, this may be its biggest benefit or risk depending on what the victim believes is best for them and their family.
Restricted Report
Unrestricted Report
For victims that may not want a military offender to lose their job or for their military career to be affected, a restricted report will give the victim all the resources available for them without threatening the offender. This could be helpful for the victim if they want access to military help without escalating the situation.
However, by submitting a restricted report, the risk is that there is no process to keep the offender accountable. This may mean that the offender may still interact with the victim(s).
The strength of an unrestricted report is that there is an established process to keep the offender accountable. Part of this process includes the ability to get a Military Protective Order (MPO). An unrestricted report will mean the victim is protected from the offender and that consequences will be decided on for the offender.
Submitting an unrestricted report will also give access to all resources made available to victims.
What if a victim tells someone in command about the abuse?
If a victim tells any military personnel (outside of FAP) about the abuse, an unrestricted report may be filed on their behalf and an investigation may take place. The military chaplain (minister/religious leader) is the only other military personnel where conversations are privileged, confidential.
What are the military consequences for domestic violence?
In cases where an unrestricted report is made, the offender’s commander may select one or more of the following consequences:
A full investigation,
Criminal charges,
Imprisonment,
Discharge from service,
Demotion,
Forfeiture of pay, or
No action taken.
If the offender is not in the military but the victim is, it is challenging for the commanding officer to keep the offender accountable since civilians do not follow the Code of Military Justice (UCMJ). However, the commander may still prohibit the offender from entering the military base.
If my offender is found guilty, would the military remove their right to carry a gun?
If the offender is found guilty of domestic violence in a state court or military court, then the military may:
Remove any firearms and ammunitions that were issued by the government, and
Suspend the offender’s authority to access government-issued firearms and ammunition.
This also includes people who are not service members but are employees of the military.
Offender receives a summary court-martial (less serious offenses) sentence,
The offender was not prosecuted in a civilian court,
The FAP Incident Determination Committee’s rules that the incident did not meet the criteria for abuse, or
The offender receives a nonjudicial punishment, including a Military Protective Order (MPO).
While a commander may limit an offender’s access to firearms, a Military Protective Order does not legally require guns to be removed.
Would making a report for domestic violence affect the offender’s position in the military?
If a restricted report is submitted, the FAP does not disclose this information to the commander or any other military personnel. This would mean that the offender’s job is not at risk. However, as mentioned before, a restricted report may become unrestricted depending on the severity of the harm caused by the offender. This typically happens when the victim is still in immediate harm.
Even if an unrestricted report is filed, it does not mean the offender will lose their job. When the report is submitted the offender’s command is notified. Depending on the severity of the situation, command has the option of having the offender attend an established treatment program or have a stronger consequence.
If the service member stops improving or attempts to harm the victim again, the member’s chain of command will revisit consequences.
What can I do to protect myself and loved ones?
Depending on which type of report was submitted, there are options for how to move forward.
If an unrestricted report was filed, then a Military Protective Order (MPO) may be petitioned to keep the offender away from the victim. The MPO mayonly provide protection at a military installation. For victims that do not live on a military installation or who would also want to be protected outside of a military installation, an Order of Protection may also be filed through a state court.
What if I am overseas and need help with domestic abuse?
The Family Advocacy Program (FAP) continues to provide services even outside of the United States. A victim advocate is placed at every military installation where families are assigned.
For cases where the offender is being relocated overseas, the military does not require the spouse to relocate with them. Typically, the military does not relocate service members with histories of domestic violence overseas because of the increased vulnerability and less access to resources.
For families that have already relocated overseas but feel at risk, they may request a return stateside through the Early Return of Dependents (ERD) program.
